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Settlement in lead paint lawsuit could help fix more than 22,000 local housing units

About 22,730 housing units in Ventura County where lead-based paint was used could have the toxic substance mitigated, thanks to a proposed $60 million settlement in an 18-year-old lawsuit.

The prospective remediation costs arise from a public nuisance lawsuit filed by Santa Clara County in 2000 against three lead paint manufacturers: NL Industries Inc., ConAgra Grocery Products Co. and Sherwin-Williams Co.

Over the years, 10 other cities and counties joined in as plaintiffs in the lawsuit on behalf of the state, including Ventura County in March 2011, said Eric Walts, an attorney representing the county.

The settlement with NL Industries was announced last Wednesday in a joint news release. The litigation involving the other two companies remains ongoing.

The agreement was announced after the state Supreme Court recently declined to review a court opinion from the 6th U.S. Circuit Court of Appeal stating the three companies should pay to address lead paint used in homes built before 1951.

The appellate decision augmented an order from a Santa Clara County Superior Court judge requiring the companies to pay into a $1.15 billion fund to abate the lead paint found in homes built through 1980. It was sent back to the trial court to recalculate the amount of money to be put into the fund.

Although the case is still unfinished, Walts said the settlement was a step in the right direction. Walts said according to figures from the U.S. Census Bureau, there are about 27,730 housing units in the county built before 1951.

The lead paint case was one of Walts’ first for the county and through it, he learned about the serious effects of lead poisoning on children.

“Even though lead paint has been banned since 1978, there are still children who are tested with blood lead levels, so it’s an ongoing issue. That was our interest in going ahead in the first place,” Walts said.

According to the World Health Organization, childhood lead poisoning can lead to severe and permanent developmental effects on the brain and nervous system and, in high-exposure cases, even death. With lower exposure, it can cause a reduced IQ, reduced attention span, learning difficulties and increased antisocial behavior. Those effects are irreversible.

In Ventura County in 2010, the year before the county joined the suit, 34 local children had blood lead levels higher than 10 micrograms per deciliter and 271 had levels higher than 5 micrograms per deciliter, according to court documents. Even the 5 microgram concentration level, which was once thought to be safe, can lead to the side effects, the organization said.

In its statement regarding the settlement, Santa Clara County said its priority has also centered on the affected youths.

“For nearly two decades, we have been fighting to protect vulnerable young children from the very serious harms caused by lead paint. We are pleased that NL has decided to resolve this matter and that millions of dollars can now go to address the harms to children resulting from toxic lead paint in homes,” said Santa Clara County Counsel James R. Williams.

As part of the settlement, NL Industries did not admit to any wrongdoing.

Andre Pauka, an attorney for the company, said NL Industries instead wanted to “fund public health programs” rather than continued litigation. The company also had to pull its support for a November ballot initiative that would eliminate the court’s ruling and put the remediation costs on taxpayers.

“Subject to the court’s approval, NL will be able to put this litigation behind it and provide funds for the jurisdictions to address lead paint in the manner they believe is most effective to protect health,” Pauka said.

Walts said he was unsure when a hearing about the settlement may occur.